The Oregon Supreme Court unanimously ruled Wednesday that independent candidate Ralph Nader will not be on the Oregon presidential ballot. In reversing a lower court decision that would have permitted his inclusion, the state's Supreme Court upheld Secretary of State Bill Bradbury's finding that Nader was 218 short of the 15,306 signatures he needed to be placed on the ballot.

At issue in the case was whether Bradbury's unwritten procedures for validating the signatures constituted an abuse of authority. The Supreme Court found that the unwritten procedures were merely a process through which Bradbury exercised his authority. Read the Oregon Supreme Court opinion here [PDF]. AP has more. Ralph Nader has issued a press release reacting to the ruling and says he will appeal to the US Supreme Court.

In Wednesday's environmental law news, the US Fish and Wildlife Service is expected to approve a $30 million plan to remove a system of dikes that separates the Nisqually National Wildlife Refuge in northwest Washington State from the salty waters of Puget Sound, reviving nearly 700 acres of what used to be an estuary. Over the past 150 years, the land has been diked and drained and turned into farmland, believed to contribute to the declining population of salmon and other fish and wildlife species. AP has more.

In other environmental law news...

• Environmental activists charge the EPA with having been unduly influenced by coal-power plant representatives in the formulation of a proposed rule regarding the regulation of hazardous toxins from power plants. An investigation into the charges is expected to be completed by early next year. The Washington Post has the full story.
  
  
• The World Wildlife Fund is reporting that Russian president Putin has instructed some of his ministers to sign the Kyoto Protocol ratification documents, which could then be ratified by the Russian parliament within a few weeks. The WWF release is here.
  
  
• The EPA reports that total emissions of the six principal pollutants identified in the Clean Air Act dropped again in 2003, signaling that America's air is the cleanest since 1970. The report is here. The EPA press release is here.

As anticipated earlier on JURIST's Paper Chase, former Computer Associates CEO Sanjay Kumar has now been indicted on charges of securities fraud, conspiracy and obstruction of justice.

A grand jury returned the indictment last Friday, but it was sealed until Wednesday when Computer Associates agreed to pay shareholders $225 million in a settlement. AP has more. The SEC has issued a press release on the charges.

A senior Justice Department official defended the PATRIOT Act before the Senate Judiciary Committee Wednesday at the same time as two senators critical of the legislation, speedily passed after the September 11 attacks, promoted a bipartisan amending statute. Deputy Attorney General James Comey testified that the PATRIOT Act has provided law enforcement with the tools needed to combat terrorism within the bounds of the constitution; in response, Senators Larry Craig (R-ID) and Richard Durbin (D-IL), testified in favor of bill S. 1709, also known as the SAFE Act (Security and Freedom Through Encryption) which they claimed would maintain law enforcement powers in a way that protected important civil liberties.

Craig noted, for example, that the SAFE Act would require search warrants to have a seven day limit, and that law enforcement officials would only be able to obtain records of people who are actual suspects of terrorism. Former Congressman Bob Barr also appeared before the Committee, criticizing the PATRIOT Act on behalf of the ACLU (press release here). Transcripts of the hearing are available from the Committee here. Govexec.com has more.

US Justice Department officials announced Wednesday afternoon that Yaser Hamdi - born an American citizen, raised in Saudi Arabia and captured in Afghanistan allegedly fighting for the Taliban in late 2001 - would shortly be sent to Saudi Arabia under an agreement made between him and the US government. Hamdi has been held by the US military without charge for over two years after being designated an "enemy combatant". In June of this year, the US Supreme Court held that he and other so-designated individuals could challenge their status in the federal courts, at which point officials began to speak of Hamdi's outright release.

Under the agreement, Hamdi will renounce his US citizenship on arrival in Saudi Arabia, where he is also a citizen, and undertakes never to return to the United States; he is furthermore barred from travelling to Afghanistan, Iraq and other sensitive destinations and is required to notify Saudi authorities should he ever plan to leave that country. JURIST's Paper Chase has been following the Hamdi case here. Reuters has more.

The first members of the judicial panel formed by the US Defense Department to review findings of military commissions adjudicating terror cases have been sworn in at a Pentagon ceremony, the US military announced Wednesday. The Military Commission Review Panel includes former Carter Attorney General and former US Fifth Circuit Court of Appeals judge Griffin Bell, Judge Edward G. Biester of the Court of Common Pleas of Bucks County, PA, William T. Coleman Jr. former transportation secretary under President Ford, and Chief Justice Frank Williams of the Rhode Island Supreme Court. According to the Defense Department:

Review panel members are responsible for reviewing military commission proceedings, including considering written and oral arguments by the defense, the prosecution and the government of the nation from which the accused is a citizen. The review panel has term limits, members can be removed only for good cause, and there is no chance for re-appointment. Their opinions will be published and have precedental value...

The same day an Afghan official announced the discharge of 11 Afghan detainees from US custody in Guantanamo Bay to Afghanistan (as reported in JURIST's Paper Chase this morning and since confirmed in this Defense Department press release), the DOD has announced that an additional 10 Afghans have been brought in to Guantanamo from Afghanistan.

The DOD says that "decision to transfer a detainee to Guantonamo is based on their further intelligence value to the United States and whether they continue to pose a threat to the United States." Read the full DOD press release here. The number of detainees in Guanatanamo now stands, according to the Defense Department, at "approximately" 549.

Two US soldiers have been charged with the premeditated murder of three Iraqi citizens, the US military said Wednesday. The two men, Sergeant Michael Williams and Specialist Brent May, are members of the 1st Cavalry Division, which has been operating in and around Baghdad.

Williams has also been charged with obstruction of justice and making a false official statement. The statement said that no further specifics would be revealed until the Army's Criminal Investigation Division has an opportunity to look into the matter. Read the US Central Command statement here.

Russian officials arrested police captain Mikhail Artamonov on Wednesday in connection with the investigation surrounding the country's pair of plane bombings last month. Authorities had already arrested an airline ticket scalper and an airline employee who they believe aided two Chechen women in carrying bombs on board the planes.

Under Russian terror laws, Captain Artamonov may be held up to 30 days without formal charges. From Moscow, MosNews.com has more on the latest arrest in English.

In Wednesday's corporations and securities law news, Frank Quattrone, former investment banker at Credit Suisse First Boston, has asked a federal appeals court to let him stay out of prison while he appeals his conviction on obstruction-of-justice charges. Quattrone has been ordered to report to prison October 28 to begin serving an 18-month sentence. Read the indictment against Quattrone here [PDF]. Read more about the background of the Quattrone case here. AP has more.

In other news...

• As reported earlier on JURIST's Paper Chase, Computer Associates International Inc. agreed Wednesday to pay $225 million in restitution and to an outside monitor of its accounting practices to avoid prosecution in a multibillion dollar accounting scandal. Also, prosecutors expect the company's former general counsel, Steven Woghin, to plead guilty in federal court Wednesday to securities fraud, conspiracy and obstruction of justice. The company's former top executives, Sanjay Kumar and Stephen Richards, are expected to be indicted shortly on securities violations. Bloomberg has more.
  
  
• Also as reported earlier on JURIST's Paper Chase, Fannie Mae has announced the SEC has begun an informal inquiry into the mortgage finance provider based on the Office of Federal Housing Enterprise Oversight (OFHEO) report that Fannie Mae had violated generally accepted accounting principles, tolerated internal control deficiencies, and deferred expenses to meet bonus requirements. Read Fannie Mae's charter act here [PDF]. Read Fannie Mae's filing to the SEC including the announcement of the investigation here [PDF]. The Financial Times has more.
  
  
• Japan’s finance ministry has banned Citibank from participating in auctions of government bonds on September 29. This announcement comes a week after the Financial Services Agency ordered the bank to close its private banking business in Japan for a year. The Financial Times has more.
  
  
• Prosecutors in the first Enron criminal trial said in court that Enron wrongly booked a $12 million in pretax profit because "the company had promised to sell or buy back Merrill Lynch's equity in the barges within six months - meaning the brokerage was never at risk of losing any money and its investment was a loan." AP has more.
  
  
• Interstate Bakeries, maker of Wonder Bread and Twinkies, has filed for bankruptcy court protection amid accounting problems and loss of sales. Read the Interstate press release here. CNN has more.
  
  
• As reported earlier on JURIST's Paper Chase, jury selection began Wednesday in the trial of a former Secret Service ink expert on perjury charges stemming from his testimony in the trial of Martha Stewart. AP has more.
  
  
• The Walt Disney Co. has announced plans to have a new chief executive in place by next June to replace outgoing CEO Michael Eisner. Read a statement from the Board at Disney here. AP has more.

The lawyer for the 23 plaintiffs suing the Archdiocese of Miami over alleged sexual abuse announced Wednesday that the archdiocese has agreed to pay $3.4 million to settle the suits. The plaintiffs' attorney, Jeffrey Herman, called the settlements ranging from $75,000 to $500,000, "long overdue vindication and validation for the victims."

Spokespersons for the church said Archbishop John C. Favalora has not announced the fate of priests on administrative leave, noting that the settlements are not an admission of guilt, but only a conclusion to the events which will allow the victims to heal. AP has more. Click here [PDF] to read the archdiocese's policy and procedures for protecting children and vulnerable adults.

The FCC Wednesday decided to fine each of the 20 CBS-owned television stations $27,500, the maximum statutory penalty for broadcast indecency. The total penalty comes to $550,000, and is the largest fine the FCC has levied against a television broadcaster.

The FCC's has imposed larger fines, but those have been against radio stations. AP has the full story here. Read the FCC's statement here [PDF]. In March, the House passed the Broadcast Decency Enforcement Act of 2004, which would raise the maximum penalties for such violations.

Home mortgage giant Fannie Mae disclosed Wednesday that serious accounting problems have prompted an inquiry by the SEC into the company's financial soundness.

On Monday, federal regulators submitted a report to the Office of Federal Housing Enterprise Oversight, explaining that violations at Fannie Mae were "serious and raise doubts concerning the validity of previously reported financial results, the adequacy of regulatory capital, the quality of management supervision, and the overall safety and soundness" of the institution. Read a statement from the presiding director of Fannie Mae's board.

CBS News announced Wednesday that it has appointed an independent panel to review a controversial story run by the network about President Bush's service in the National Guard. The panel consists of former US Attorney General Dick Thornburgh and former AP executive Louis Boccardi.

The network apologized earlier this week after admitting that it could not authenticate memos used in the story and largely believed to be forgeries. Read the full CBS statement on the appointment of the panel here. CBS News has more.

Jury selection began Wednesday in the trial of a former Secret Service ink expert on perjury charges stemming from his testimony in the trial of Martha Stewart. Larry Stewart, who is not related to Martha Stewart, is charged with two counts of perjury for allegedly exaggerating his role in testing ink from a worksheet involved in the case and for claiming knowledge of a book proposal by colleagues.

Stewart could face up to 10 years in prison if convicted of the charges. Legal experts said the outcome of this trial would likely have little impact on Martha Stewart's appeal of her conviction. View the charges against Stewart here [PDF]. AP has more.

An Afghan official said Wednesday that the US has released 11 detainees from Guantanamo Bay at the request of Afghan President Hamid Karzai. The detainees join a growing number returned to their home countries, but these 11 are the first to be released at the request of the newly formed government of Afghanistan. JURIST's Paper Chase has earlier stories on Guantanamo detentions here. Reuters has more.

In other international legal news...

• Former Costa Rican President Miguel Ángel Rodríguez will be installed tomorrow as the next Secretary-General of the Organization of American States. Rodríguez was elected during the OAS' 34th regular General Assembly session this past June and will serve a term of five years. Read the official press release of Rodríguez's election here. Information on tomorrow's ceremony is available here.
  
  
• In Indonesia, the latest returns show that former general Susilo Bambang Yudhoyono has an iron grip on the Indonesian Presidency, leading former president Megawati with a 61% majority. This election marks the first time the President has been elected directly by popular vote, rather than by the Indonesian Supreme Legislature. The Jakarta Post has more on the story and updates on the final election returns here (site in Bahasa Indonesian).
  
  
• The UN Office for the Coordination of Humanitarian Affairs has announced that the number of Sudanese affected by the continuing conflict in the Darfur region has increased. The report by UN High Commissioner for Human Rights Louise Arbour and Juan Méndez, the Secretary-General's Special Adviser on the Prevention of Genocide, states that access to new geographical locations, as well as increased activity by the rebel militias have pushed the number of affected individuals to 1.8 million, with over 1.2 million of those being internally displaced persons (IDPs). Their report comes just days after the UN Security Council threatened sanctions against Sudan unless the government regains control of the region. Read the official UN news release here. IRIN has more.

A grand jury in Texas has indicted 3 top aides to US House Majority Leader Tom DeLay, eight corporations (including Sears and Craker Barrel) and a number of other individuals for allegedly making or receiving illegal campaign contributions in connection with a DeLay-linked political action committee used in the 2002 state elections. The indictments, handed up Tuesday, cite violations of campaign finance laws relating to contributions made to Texans for a Republican Majority (see financial information compiled by the Center for Public Integrity).

Delay has said that the charges by the Democratic county District Attorney Ronnie Earle are politically motivated. View the full indictment here [PDF]. The Austin American-Statesman has continuing coverage. AP has more.

The Department of Justice is expected to announce Wednesday a settlement with Computer Associates after months of investigation into an alleged $2.2 billion fraud by the company. The settlement is also expected to include a plea bargain with the company's former top counsel Steven Woghin, with criminal charges against other executives expected to follow on Thursday.

Company officials were expected to appear for arraignment this morning before US District Judge Leo Glasser in New York City. Under the agreement, Computer Associates will face a one- or two-year probation, at least a $200 million fine and monitoring of its accounting by an independent overseer. The company is also expected to settle charges with the Securities and Exchange Commission. New York's Newsday has more.

Iran has reiterated its defiance of a resolution approved Saturday by the UN nuclear agency calling on the country to halt its nuclear development by announcing that it has continued steps toward manufacturing fuel for nuclear weapons or reactors. Iran's Atomic Energy Organization chief Gholamreza Aghazadeh made the announcement Tuesday in Vienna.

The resolution is not legally binding, but Iran's actions could add fuel to the US push to refer the matter to the UN Security Council. Iranian President Mohammad Khatami said Wednesday that the world must recognize Iran's right to refine fuel for nuclear power plants. The IAEA has background on the situation in Iran. The New York Times has more.

Previously in JURIST's Paper Chase....

• Iran denounces UN nuclear demands as "illegal"
• Iranian nuclear weapons resolution passed by UN agency
• Negotiators agree on draft resolution limiting Iran's use of nuclear technology

Wednesday's New York Times reports that three aides to House majority leader, Rep. Tom DeLay of Texas, were indicted in Texas Tuesday on charges that included raising illegal corporate contributions funneled to 2002 state candidates, protestors sprayed with pepper spray by police get their day in court in California, asserting that a county policy that allows the authorities to use pepper spray constitutes an unnecessary and excessive use of force, the Justice Department's racketeering lawsuit against the nation's biggest tobacco companies opened Tuesday, and student loan companies have been exploiting a loophole in federal law to receive big subsidies.

The Washington Post highlights an anti-prostitution rule that has been drafted for US troops in hopes of diminishing human trafficking of women forced into prostitution overseas, a lawsuit brought by parents of an autistic child banned from a playground in Falmouth, ME, a man executed Tuesday in Texas for fatally shooting a San Antonio convenience store clerk during a robbery 11 years ago that netted $45, courts denying creditors' request to force MCI to cover the costs of gathering documents demanded by the SEC, and a path-breaking Pennsylvania law designed to prevent Internet users from seeing Web sites that contain child pornography being struck down as unconstitutional by a federal court.

USA Today includes articles on the makers of Twinkies filing for bankruptcy, and new anti-terror measures passed by the Russian parliament that include stricter penalties for people who help terrorists and for officials whose negligence aids attacks.

One day after news of the beheading of American hostage Jack Hensley, the Iraqi Justice Ministry said Wednesday that Rihab Rashid Taha will be released from American custody Thursday and that Huda Salih Mahdi Ammash may follow soon. The Abu Musab al-Zarqawi insurgent group had demanded the release of all Muslim women prisoners held by the US as a condition of sparing the lives of two kidnapped Americans and one Briton. JURIST's Paper Chase has background. BBC News has more.

UPDATE: AP is reporting that the US Embassy in Iraq will not release two "high-value" Iraqi women detainees immediately as announced by the Iraqi Jusice Ministry. The two women are suspected of involvement in Saddam Hussein's weapons programs. A report from Reuters is now available.

UPDATE 2: AP is now reporting that Iraqi interim Prime Minister Iyad Allawi has said that no detainees will be released immediately, although the status of some detainees is under review.

Here's a run-down of law-related events, expected developments and live webcasts on JURIST's docket for Wednesday, September 22nd.

On Capitol Hill, the US Senate Judiciary committee will hold a hearing at 10 AM ET to examine counterterrorism legislation and proposals, including the USA PATRIOT Act [PDF] and the SAFE Act. The committee will reconvene at 3:30 PM ET to hold a hearing to examine pending judicial nominations. Watch a live webcast of both meetings.... The US Senate Governmental Affairs Committee will hold a business meeting at 10 AM ET to consider the National Intelligence Reform Act. Watch a live webcast.... The US House Judiciary Committee Subcommittee on the Constitution will meet at 10 AM ET to consider a motion to authorize the issuance of a subpoena to Custodian of Records, United States Commission on Civil Rights. Watch a live webcast.... The US House Judiciary Committee will meet at 11 AM ET for markup of HR 5107, which deals with the use of DNA evidence and HJ Res. 22, proposing a balanced budget amendment to the Constitution of the United States. Watch a live webcast of the meeting.

At the United Nations, the 59th session of the General Assembly continues at 10 AM ET with remarks by several heads of state. The morning session begins with a statement by Sulejman Tihic, President of Bosnia and Herzegovina. Romanian President Ion Iliescu opens the 3 PM ET afternoon session. Read the schedule of speakers and watch a live webcast of both sessions.

In Wednesday's US law and business press, the ABA Journal reports on a Sixth US Circuit Court of Appeals opinion regarding unlawful music "sampling".... The New York Law Journal reports on a NY district judge's ruling that DC Comics, owner of the "Superman" franchise, owns a valid trademark in "kryptonite" that can be protected from infringement by a bicycle lock company which adopted the name.... The Kansas City Business Journal reports that a TX grand jury has indicted Westar Energy Inc. for donations to a PAC operated by House Majority Leader Tom DeLay.... The Legal Times analyzes potential alterations in the law if the makeup of the US Supreme Court changes following the 2004 presidential election.... The Legal Intelligencer reports on a Third US Circuit Court of Appeals ruling that a financially healthy company going out of business cannot file for bankruptcy solely to benefit from a Bankruptcy Code limitation on recovery for termination of a long-term lease.... FindLaw's Writ features Rutgers law professor Sherry F. Colb's column on hidden sexism in focusing on DNA in fertility clinic mix-ups, as well as attorney Noah Leavitt's guest column on federal judges' key role in curbing excesses in the "War on Terror."

Click for the previous US law and business press review